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What happens at an Adjudication The following is an approximate sequence of events: 1. Adjudication referral is drafted 2. The notice of adjudication, based on the above, is created 3. Both drafts are checked and approved 4. Notice of adjudication is issued to the other party 5. Notice of the appointment of an Adjudicator is sought by the Approved Nominating Body (ANB). It is recommended that both parties agree upon an acceptable Adjudicator 6. Upon the appointment of, and acceptance of this appointment by the Adjudicator, the adjudication referral is issued. This must be no more than 7 days from the date of the adjudication 7. The Adjudicator then has 28 days to reach his/her decision. However, if the adjudication is to be conducted over Christmas or a similar festive period, the adjudicator may require an extension to this timeframe. In these cases, it is in the interests of all involved in the adjudication to grant an extension to either avoid criticism of 'ambushing' the other party or in any other way affect the decision of the adjudicator. In such instances, we would be happy to advise on the most appropriate, and fair, course of action. It is worth noting that, unless agreed by both parties, the Adjudicator does not have jurisdiction to award legal costs. However, he can decide who pays his fees and expenses. Therefore each party should be aware that they are potentially liable to cover these costs. The Adjudicator may withhold his decision until payment of his fees and expenses are received.
Davies & Davies Associates | PO Box 597 | Banbury | OX16 6DN |
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